Legal Opinion

Stuart v. Department of Social & Rehabilitation Services

Montana Supreme Court

Decided January 29, 1993No. 91-316PublishedCited by 6 opinions

1Opinion of the CourtJustice Gray

John Stuart and Lee Tickell appeal from the grant of summary judgment to the Montana Department of Social and Rehabilitation Services (SRS) by the First Judicial District Court, Lewis and Clark County. We affirm.

The issues are:

1. Did SRS’s refusal to pay appellants their accrued vacation benefits violate the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution?

2. Did SRS’s refusal to pay appellants their accrued vacation benefits violate the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution?

3. Is Section 2-18-617(2), MCA, the…

2Cases cited9 opinions

  1. North Carolina v. PearceSupreme Court of the United States · 1969
  2. Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
  3. United States v. HalperSupreme Court of the United States · 1989
  4. United States v. Lawrence J. KidderCourt of Appeals for the Ninth Circuit · 1989
  5. United States v. Donald Eddie Moody, United States of America v. Howard George HollenbeckCourt of Appeals for the Ninth Circuit · 1986

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3Cited by6 opinions

  1. State v. SchnittgenMontana Supreme Court · 1996
  2. City of Helena v. DanichekMontana Supreme Court · 1996
  3. Poeppel v. Flathead CountyMontana Supreme Court · 1999
  4. State v. R. BradyMontana Supreme Court · 2025
  5. Stuart v. DEPT. OF SOCIAL & REHAB. SERV.Montana Supreme Court · 1993

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